Criminal Contempt

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7^th Circuit Court of Appeals

Case Name: United States of America v. Henry Underwood

Case No.: 23-1303

Officials: Wood, St. Eve, and Lee, Circuit Judges.

Focus: Criminal Contempt

The defendant, Henry Underwood, opted to represent himself in a trial where he faced charges of being a felon in possession of a firearm. During the trial, Underwood declined to answer a question in cross-examination, leading to his being held in criminal contempt. Despite being convicted of the charged offense, Underwood appealed the conviction, contending that his pretrial waiver of counsel was not made knowingly and voluntarily and that the criminal contempt ruling was inappropriate.

The court dismissed both arguments. Firstly, it determined that the defendant’s waiver of counsel was indeed made knowingly and voluntarily. This conclusion took into account the thoroughness of the court’s formal inquiry into the defendant’s waiver, evidence in the record demonstrating the defendant’s comprehension of the risks associated with self-representation, the defendant’s background and experience, and the circumstances surrounding the decision to proceed without legal representation.

Secondly, the court deemed the criminal contempt ruling justified because the defendant had improperly refused to testify during cross-examination in the judge’s presence, aligning with the literal requirements of Rule 42(b) that permit the summary disposition of criminal contempt. Additionally, the court held that by choosing to testify, the defendant had waived his Fifth Amendment right against self-incrimination, barring him from refusing to answer pertinent questions related to his testimony.

Consequently, the district court’s decision was upheld.

Affirmed.

Decided 12/18/23

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